Some of you will remember last week an unordained preacher in Madison County named Jerry Wayne love pleaded guilty to First Degree Sodomy of his three adopted sons, over the course of years, and was set free to molest again. Apparently, the folks at Hannity and Colmes came across my blog post on this story and asked me to be a guest. I think the discussion will be about sentences for non-violent drug offenders vs. sentences for child rapers. A fascinating and enthralling topic for national public debate.
It was originally scheduled for tonight, but the logistics weren't doable so it has been tentatively rescheduled for tomorrow night, July 17, at 9 pm on FOX. That could change at any time. The news moves fast and sometimes these things get bumped at the last minute. I'll keep everyone posted.
In the meantime I thought we would look at the laws that pertain to this case and compare them with laws that pertain to drug offenses.
First, though, I'd like to thank Brian at FlashPoint for directing us to the Judge in this case's bio which reads:
Prior to serving as circuit judge, she was a Madison County District Judge and an Assistant District Attorney. She served as the Division Chief in the Child Abuse and Sex Crimes Unit from 1989 to 1993 and prosecuted only violent crimes from 1994 to 1996.
How bout that friends and neighors? And, as if that weren't bad enough, the child raper and his wife were named "Adoptive Parents of the Year" shortly after adopting the boys in the 1990's.
Let's have a gander at the laws, shall we?
Child Rapists vs. Pot Smokers in the Alabama Judicial System
Section 13A-6-63 of the Alabama Criminal Code
Sodomy in the first degree.
(a) A person commits the crime of sodomy in the first degree if:
(1) He engages in deviate sexual intercourse with another person by forcible compulsion; or
(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.
(b) Sodomy in the first degree is a Class A felony.
Section 13A-6-66 of the Alabama Code
Sexual abuse in the first degree.
(a) A person commits the crime of sexual abuse in the first degree if:
(1) He subjects another person to sexual contact by forcible compulsion; or
(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.
(b) Sexual abuse in the first degree is a Class C felony.
First degree possession of marijuana is also a Class C felony in Alabama and is defined by Section 13A-12-213 of the Alabama Code as follows:
Unlawful possession of marihuana in the first degree.
(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:
(1) He possesses marihuana for other than personal use; or
(2) He possesses marihuana for his personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his personal use only.
(b) Unlawful possession of marihuana in the first degree is a Class C felony.
Alabama Code states:
A Class A felony is punishable for life or not more than 99 years or less than 10 years
A Class C felony is according to Alabama Code punishable by
(3)Not more than 10 years or less than 1 year and 1 day.
One of my major issues with this case is that First Degree Sodomy and Sexual Abuse of a child should be at the very least both be Class A felonies and not Class C felonies. If you are convicted or plead guilty to either of those crimes you should never be let out of prison. Not ever. In some cases, I think the death penalty should apply although, the vindictive side of me thinks to impose general population on child rapers is a much more just sentence. Death is not near enough suffering for them. It's too easy and too quick. In the case of Jerry Wayne Love I wonder if he would still believe in the "Do Unto Others" mantra after he found himself being done unto by others as he had done unto his adopted sons? That, my friends, would be justice.
Why we continue to let people like this guy and Joseph Duncan who kidnapped and sexually tortured two Idaho children, (later killing one of them) after shooting their family walk free while we keep people like Douglas Lamar Gray a Vietnam vet with an artifical leg in prison for life for buying a pound of pot from an undercover cop is one thing I will never understand.
This case also highlights the fact that, in Alabama at least, there is no mandatory minimum sentence for raping a child, but there is a mandatory minimum sentence for all felony drug convictions. We as a society have designated non-violent drug offenses that do not involve hurting children in any way as more important and more deserving of harsh punishment than people who sexually prey on our children. How much sense does that make? Why did we do it? How do we change it?
Another interesting thing the compariosn of these two topics brings up is, the fact that a child raper can get out of prison (if indeed they are ever sent at all) and still be eligible for federal student financial aid in the form of a pell grant whereas someone convicted of simple possession of marijuana cannot. So, we'll educate an evil child molester (bet he studies elementary/special education) but not someone convicted of having anything to do with a plant. Hmmmmmm.....
I'll be posting more on this later on as I research and prepare for tomorrow's Hannity and Colmes appearance. I invite my readers to leave commentary on this topic as it will help me flesh out my remarks and please tune in to FOX News tomorrow night at 9 pm Central time to watch the show.